Analysis of patent litigation, PTAB practice, prosecution and pharma IP, written on the data behind LexDana.
Tagged ptab estoppel · clear
PTAB Estoppel & Inequitable Conduct Inequitable conduct before the USPTO is an equitable defense to patent infringement that, if proved, bars enforcement of a patent. Thereasense, Inc. v. Becton, Dickinson & Co., 649 f .3d 1276, 1285 (Fed. Cir. 2011).…
District of Delaware Considers Physical Products & Redundant Publications Back in August, I pointed out that district courts continue to grapple with whether or not physical products described by prior art publications of an earlier Patent Trial & Appeal…
Reasonably Could Have Raised & Reasonably Diligent Prior to last year’s SAS decision , district courts split over whether non-petitioned grounds were embraced by the “reasonably could have raised” aspect of 35 U.S.C. §§…
“Known or Used” Not a Side-Step to PTAB Estoppel Keeping with yesterday’s discussion of Patent Trial & Appeal Board (PTAB) estoppel in the district courts, a decision from earlier this year on yet another aspect of this estoppel has been…
User Manuals & Corresponding Product Estoppel under 315(e)(2) District courts continue to grapple with whether or not physical products described by prior art publications of an earlier Patent Trial & Appeal Board (PTAB) trial are subject to estoppel. That…
Burden on Patent Owner to Show Product Manual Available Does the use of a printed manual at the PTAB foreclose later use of the underlying product in litigation? We know from cases like In Star EnviroTech, Inc. v. Redline Detection, LLC et. al.,…
Estopping a Winning Argument? One of the stranger developments of recent months has been the interpretation of PTAB estoppel (315(e)(2)) to foreclose a petitioner from pursuing arguments in a district court that were successful at the PTAB. That is, a…
New Presentation of Same IPR Art Thwarted by Estoppel Post SAS, there are fewer exceptions to IPR estoppel . Indeed, the absence of partial institutions has led to many courts finding the “reasonably could have raised” aspect of IPR estoppel to…
ITC Staff Attorney Not Bound by Estoppel Plaintiffs are painfully aware of the Patent Trial & Appeal Board (PTAB) and its potential to derail a patent litigation. Indeed, post-SAS patent owners facing motions to stay pending PTAB review are left with even…
